11C-7.006: Revising rule due to statutory changes, update form and clarifying language for the certification of the application. 11C-7.007: Revising rule due to statutory changes, update form and clarifying language for the certification of the ...  

  •  

    DEPARTMENT OF LAW ENFORCEMENT

    Division of Criminal Justice Information Systems

    RULE NOS.:RULE TITLES:

    11C-7.006Procedures on Court-Ordered Expunctions

    11C-7.007Procedures on Court-Ordered Sealings

    11C-7.009Procedures on Juvenile Diversion Expunctions

    11C-7.010Procedures on Early Juvenile Expunction

    11C-7.012Procedures for Lawful Self Defense Expunction

    11C-7.013Procedures for Automatic Sealing of Criminal History Records

    PURPOSE AND EFFECT: Rule 11C-7.006, F.A.C.: Revising rule due to statutory changes, update form and clarifying language for the certification of the application.

    Rule 11C-7.007, F.A.C.: Revising rule due to statutory changes, update form and clarifying language for the certification of the application.

    Rule 11C-7.009, F.A.C.: Revising rule due to statutory changes, update form and clarifying language for the certification of the application.

    Rule 11C-7.010, F.A.C.: Revising rule due to statutory changes, update form and clarifying language for the certification of the application.

    Rule 11C-7.012, F.A.C.: Implement mandates pursuant to newly created s. 943.0578, F.S.

    Rule 11C-7.013, F.A.C.: Implement mandates pursuant to newly created s. 943.0595, F.S.

    SUMMARY: Amending rules to clarify language for the certification of the application, revising rule due to statutory changes, updating the revision date of forms, and creating rules due to statutory mandates.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 943.058(2), FS, 11C-7.007: 943.03(4), 943.059(2), FS, 11C-7.009: 943.0582, FS, 11C-7.010: 943.0515(1), FS, 11C-7.012: 943.03(4), 943.0578 FS, 11C-7.013: 943.0595, FS.

    LAW IMPLEMENTED: 11C-7.013: 943.0595, FS

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

    DATE AND TIME: Thursday, March 5, 2020, 10:00 a.m.

    PLACE: Florida Department of Law Enforcement, Criminal Justice Professionalism, 2331 Phillips Road, Tallahassee, Florida 32308.

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Rachel Truxell at (850)410-7100, or racheltruxell@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308.. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rachel Truxell at (850)410-7100, or racheltruxell@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    11C-7.006 Procedures on Court-Ordered Expunctions.

    (1) Prior to petitioning the court to expunge a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application packet for the certificate of eligibility must include:

    (a) A money order, cashier’s check, or certified check, personal check or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

    (b) A completed Application for Certification of Eligibility. The subject must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. October 2018 2019), or for Lawful Self-Defense Expunction under section 943.0585(5), F.S. (form number FDLE 40-026, rev. May 2017), both of which is are hereby incorporated by reference,_____________ may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    (c) The appropriate state attorney or statewide prosecutor may provide the required written certified statement by completing section B of the Application for Certification of Eligibility.

    (d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. The fingerprinting must be done by a law enforcement agency. The law enforcement agency fingerprinting the subject should place the following statement in the “Reason Fingerprinted” section on the card or Fingerprint form “Application For Certification Of Eligibility For Expunction.” The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    (e) A certified copy of the disposition of the charge(s) or charges to which the Application for Certificate of Eligibility petition to expunge pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

    (2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Expunge/Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    (3) If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

    (4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the specified record meets the requirements for expungement, which are listed in section 943.0585, F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

    (5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-023, created October 2017, effective December 2017 rev. October 2019), or (form number FDLE 40-027, rev. October 2017), or (form number FDLE 40-030, created October 2017, effective December 2017), if the specified criminal history record meets the requirements for expunction. If the specified criminal history record does not meet the requirements for expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

    (6) Upon receipt of a certified court order to expunge a criminal history record, the arresting agency shall:

    (a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records;

    (b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:

    1. Name;

    2. Alias/Maiden Name(s);

    3. Sex;

    4. Race;

    5. Date of Birth;

    6. Social Security Number (If Available);

    7. Date or Dates of Arrest;

    8. Arrest Number or Numbers and Original Charges;

    9. FDLE Number and FBI Number (If Known).

    The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

    Rulemaking Authority 943.03(4), 943.0585(2) FS. Law Implemented 943.0585 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-29-15, 7-9-19, __________.

     

    11C-7.007 Procedures on Court-Ordered Sealings.

    (1) Prior to petitioning the court to seal a criminal history record, the subject must apply to the Department for a certificate of eligibility for sealing. The application packet for the certificate of eligibility must include:

    (a) A money order, cashier’s check, or certified check, personal check or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

    (b) A completed Application for Certification of Eligibility. The subject should must complete section A of the application. The Application for Certification of Eligibility (form number FDLE 40-021, rev. October 2018 2019 and incorporated by reference) http://www.flrules.org/Gateway/reference.asp?No=Ref-10783, may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    (c) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. The fingerprinting must be done by a law enforcement agency. The law enforcement agency fingerprinting the subject should place the following statement in the “Reason Fingerprinted” section on the card or Fingerprint form: “Application For Certification of Eligibility For Sealing.” The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    (d) A certified copy of the disposition of the charge or charges to which the Application for Certificate of Eligibility petition to seal pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

    (2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Expunge/Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    (3) If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

    (4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the specified record meets the requirements for sealing, which are listed in section 943.059, F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

    (5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-022, rev. October 2017 2019), or (form number FDLE 40-029, created October 2017, effective December 2017), if the specified criminal history record meets the requirements for sealing. If the specified criminal history record does not meet the requirements for sealing, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

    (6) Upon receipt of a certified court order to seal a criminal history record, the arresting agency shall:

    (a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records;

    (b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:

    1. Name;

    2. Alias/Maiden Names;

    3. Sex;

    4. Race;

    5. Date of Birth;

    6. Social Security Number (If Available);

    7. Date or Dates of Arrest;

    8. Arrest Number or Numbers and Original Charges;

    9. FDLE Number and FBI Number (If Known).

    The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

    Rulemaking Authority 943.03(4), 943.059(2) FS. Law Implemented 943.059 FS. History–New 8-5-92, Amended 7-7-99, 8-22-00, 6-9-08, 6-3-10, 7-9-19, _________.

     

    11C-7.009 Procedures on Juvenile Diversion Expunctions.

    (1) A minor who has successfully completed a diversion program as authorized by section 985.125, F.S., which program satisfies the requirements found at section 943.0582, F.S., may apply directly to the Department for expunction of the minor’s juvenile nonjudicial arrest record. The application packet for the Juvenile Diversion Expunction must include:

    (a) A completed Application for Juvenile Diversion Expunction. The subject must complete section A of the application. The Application for Juvenile Diversion Expunction, form number FDLE 40-025 (rev. 10/2018October 2019), hereby incorporated by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10789, https://web.fdle.state.fl.us/intakeweb/formrenderer.xhtml?pageId=se, may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email:  SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx.

    (b) The state attorney must may provide the required written certification statement by completing section B of the Application for Juvenile Diversion Expunction.

    (c) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258) (rev. 03/10) or FDLE fingerprint sheet. The fingerprinting must be done by a law enforcement agency. The law enforcement agency fingerprinting the subject should place the following statement in the “Reason Fingerprinted” section on the card or Fingerprint form: “Application For Juvenile Diversion Expunction.” The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card or the FDLE fingerprint sheet is needed, it may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    (2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Expunge/Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    (3) If the application packet is incomplete the Department will not process it. The incomplete packet, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

    (4) If the application packet is complete, the Department will review the submitted information and the minor subject’s criminal history record to determine if the application and the specified record meet the requirements for Juvenile Diversion Expunction, which are listed in section 943.0582, F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

    (5) The Department will expunge the minor subject’s juvenile arrest record if the application and the specified criminal history record meet the requirements for Juvenile Diversion Expunction, and will notify the minor subject or his or her parent or legal guardian and the arresting agency of this action. Such expunction shall be as defined at section 943.0582(2), F.S. If the application and the specified criminal history record do not meet the requirements for Juvenile Diversion Expunction, the Department will send the subject or his or her parent or legal guardian a letter stating the reason for ineligibility with an explanation of appeal rights.

    (6) Upon receipt of notification from the Department that the minor subject’s record has been expunged pursuant to section 943.0582, F.S., the arresting agency shall make a positive association between the individual and the arrest covered by the Department’s notification letter and seal the arrest record as specified at section 943.0582(2)(b), F.S., if the arrest record can be identified within the agency’s records.

    Rulemaking Authority 943.0582 FS. Law Implemented 943.0582 FS. History–New 11-5-02, Amended 6-9-08, 5-29-14, 7-20-17, 7-9-19, _______.

     

    11C-7.010 Procedures on Early Juvenile Expunction.

    (1) A person who has not been committed to a juvenile correctional facility or juvenile prison under chapter 985, F.S., may apply directly to the Department to have his or her juvenile criminal history record expunged, provided he or she is at least 18 years of age but less than 21 years of age. To be eligible for this form of expunction, the applicant must not have been charged by the state attorney with or found to have committed any criminal offense within the 5-year period before the application date. The application for the Early Juvenile Expunction must include:

    (a) A money order, cashier’s check, or certified check, personal check, or business check for $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of whether the application for expunction is granted. A fee waiver may be granted by the Executive Director of the Department, upon submission of a written request, and in his or her determination that the waiver is in the best interests of criminal justice.

    (b) A completed Application for Early Juvenile Expunction. The subject must complete section A of the application. The Application for Early Juvenile Expunction, (form number FDLE 40-028, rev. October 2019), effective 7/2017 hereby incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-08462, may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    (c) The state attorney for the circuit having jurisdiction over the arrest may provide the required written certified statement by completing section B of the Application for Early Juvenile Expunction.

    (d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. The fingerprinting must be done by a law enforcement agency. The law enforcement agency fingerprinting the subject should place the following statement in the “Reason Fingerprinted” section on the card or Fingerprint form: “Application For Early Juvenile Expunction.” The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/cms/Seal-and-Expunge-Process/Seal-and-Expunge-Home.aspx

    (e) A sworn, written statement from the applicant that he or she is no longer under court supervision applicable to the disposition of the arrest or alleged criminal activity to which the application pertains, and that he or she has not been charged with or found to have committed a criminal offense, in any jurisdiction of the state or within the United States, within the 5-year period before the application date.

    (f) A certified copy of the disposition of the charge or charges to which the Application for Early Juvenile Expunction pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

    (2) The complete application packet should be mailed or delivered, within the time frame prescribed by section 943.0515(1)(b)2., F.S., to Florida Department of Law Enforcement, ATTN: Expunge/Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    (3) If the application packet is incomplete the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

    (4) If the application packet is complete, the Department will review the submitted information and the subject’s criminal history record to determine if the application and the specified record meet the requirements for Early Juvenile Expunction, which are listed in section 943.0515(1)(b)2., F.S. Questions regarding the status of the review should be directed to the Seal and Expunge Section at (850)410-7870.

    (5) The Department will expunge the subject’s juvenile criminal history record if the application and the specified criminal history record meet the requirements for Early Juvenile Expunction, and will notify the subject. If the application and the specified criminal history record do not meet the requirements for Early Juvenile Expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

    Rulemaking Authority 943.0515(1) FS. Law Implemented 943.0515(1) FS. History–New 7-20-17, Amended 7-9-19, ____________.

     

    11C-7.012 Procedures on Lawful Self-Defense Expunctions.

    (1) Prior to petitioning the court for an expunction of a criminal history record, the subject must apply to the Department for a certificate of eligibility for expunction. The application for the certificate of eligibility must include:

    (a) A money order, cashier’s check, certified check, personal check or business check in the amount of $75.00 made payable to the Florida Department of Law Enforcement. This processing fee is non-refundable, regardless of the results of the certification review. A fee waiver may be granted by the Executive Director of the Department upon submission of a written request and in his determination that the waiver is in the best interests of criminal justice.

    (b) A completed Application for a Certification of Eligibility for Lawful Self-Defense Expunction. The subject must complete section A of the application. The Application for Certification of Eligibility for Lawful Self-Defense Expunction under section 943.0578 F.S. (form number FDLE 40-026, rev. October 2019), are hereby incorporated by reference,____________________________, may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

    (c) The appropriate state attorney or statewide prosecutor must provide the required written certified statement by completing section B of the Application for Certification of Eligibility.

    (d) A legible set of fingerprints recorded on an FBI Applicant Fingerprint Card (FD-258, rev. 03/10) or FDLE fingerprint sheet. The fingerprinting must be done by a law enforcement agency. The subject must pay any fees required by the law enforcement agency for providing this service. If a copy of the Applicant Fingerprint Card or FDLE fingerprint sheet is needed, it may be obtained from:

    1. The Clerk of the Court, or

    2. Florida Department of Law Enforcement

    Seal and Expunge Section

    Post Office Box 1489

    Tallahassee, Florida 32302-1489

    Email: SEINFO@fdle.state.fl.us

    Telephone Number: (850)410-7870

    Website: http://www.fdle.state.fl.us/Seal-and-Expunge-Process/Seal-and-Expunge-Home

    (e) A certified copy of the disposition of the charge or charges to which the application to expunge pertains. The subject should obtain this document from the Clerk of the Court in the appropriate jurisdiction. The subject must pay any fees required by the Clerk of the Court for providing this service.

    (2) The complete application packet should be mailed or delivered to Florida Department of Law Enforcement, ATTN: Seal and Expunge Section, Post Office Box 1489, Tallahassee, Florida 32302-1489.

    (3) If the application packet is incomplete, the Department will not process it. The incomplete packet, along with the processing fee, will be returned to the subject with an indication as to the reason for non-acceptance. It will be the subject’s responsibility to obtain the missing information and return the complete packet to the Department.

    (4) If the application packet is complete, the Department will review the submitted applicant and written certfied statement from the appropriate state attorney or statewide prosectuor, to determine if the applicant meets the requirements for a lawful self-defense expungement, which are listed in 943.0587, F.S. Questions regarding the status of a review should be directed to the Seal and Expunge Section at (850) 410-7870.

    (5) The Department will send the subject a Certificate of Eligibility (form number FDLE 40-027, rev. October 2019) if the specified criminal history record meets the requirements for lawful self-defense expunction. If the specified criminal history record does not meet the requirements for lawful self-defense expunction, the Department will send the subject a letter stating the reason for ineligibility with an explanation of appeal rights.

    (6) Upon receipt of a certified court order to expunge a criminal history record, the arresting agency shall:

    (a) Make a positive association between the individual and the arrest covered by the court order and the arrest record generated by it; if the arrest record can be identified within the agency’s records;

    (b) Forward the Certificate of Eligibility, a certified copy of the court order, and a letter of transmittal to the Department. The letter of transmittal shall make specific reference to identifying information, including:

    1. Name;

    2. Alias/Maiden Name(s);

    3. Date of Birth;

    4. Social Security Number (if available);

    5. Date or Dates of Arrest;

    6. Arrest Number or Numbers and Original Charges;

    7. FDLE Number and FBI Number (if known).

    The letter of transmittal shall be signed by the chief law enforcement officer of the agency or the authorized designee.

    Rulemaking Authority 943.03(4), 943.0578 (5). Law Implemented 943.0578 FS. History – New, ________________.

     

    11C-7.013 Procedures for Automatic Sealing of Criminal History Records

    (1) For implementation of this rule chapter the Department shall receive criminal history dispositions from the clerks of court in the same manner as required by s. 943.052 F.S.

    (2) Upon reciept of a disposition from a clerk of court as prescribed in paragraph (1), the criminal history record eligible for sealing under s. 943.0595(2) F.S., shall be automatically sealed by the Department.

    Rulemaking Authority 943.03(4), 943.0595(1) FS. Law Implemented 943.0595 FS. History–New, _____________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Director Charles Schaeffer

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2020

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 30, 2019

Document Information

Comments Open:
2/12/2020
Summary:
Amending rules to clarify language for the certification of the application, revising rule due to statutory changes, updating the revision date of forms, and creating rules due to statutory mandates.
Purpose:
11C-7.006: Revising rule due to statutory changes, update form and clarifying language for the certification of the application. 11C-7.007: Revising rule due to statutory changes, update form and clarifying language for the certification of the application. 11C-7.009: Revising rule due to statutory changes, update form and clarifying language for the certification of the application. 11C-7.010: Revising rule due to statutory changes, update form and clarifying language for the ...
Rulemaking Authority:
1C-7.006: 943.03(4), 943.058(2), FS, 11C-7.007: 943.03(4), 943.059(2), FS, 11C-7.009: 943.0582, FS, 11C-7.010: 943.0515(1), FS, 11C-7.012: 943.03(4), 943.0578 FS, 11C-7.013: 943.0595, FS.
Law:
11C-7.006: 943.0585, F.S.,11C-7.007: 943.059, FS, 11C-7.009: 943.0582, FS, 11C-7.010: 943.0515(1), FS, 11C-7.012: 943.0578 FS., 11C-7.013: 943.0595, FS
Contact:
Rachel Truxell at 850-410-7100, or racheltruxell@fdle.state.fl.us, or write to Florida Department of Law Enforcement, Criminal Justice Information Services, 2331 Phillips Road, Tallahassee, Florida 32308.
Related Rules: (6)
11C-7.006. Procedures on Court-Ordered Expunctions
11C-7.007. Procedures on Court-Ordered Sealings
11C-7.009. Procedures on Juvenile Diversion Expunctions
11C-7.010.
11C-7.012.
More ...